EconomicTimes

What law says about watching smut

Arvin Vincet

Aug 4, 2021

Not illegal

The Supreme Court, in a July 2015 observation, has said law cannot stop an adult from exercising his right to personal liberty to watch porn within the privacy of his room.

Image Source: iStock

Then what is illegal?

Section 293 of the IPC makes it illegal to sell, show or circulate porn to anyone under the age of 20

Image Source: iStock

Section 66E

This covers “violation of privacy”. Anyone knowingly publishes the image of a person without his or her consent can face jail of up to 3 years or fine of a maximum of Rs 2 lakh.

Image Source: iStock

Section 67A

Anyone who “publishes or transmits or causes to be published or transmitted” any sexually explicit material can face 5-year jail and Rs 10 lakh as fine.

Image Source: iStock

Child pornography

Under Section 14 of the POCSO Act 2012, it's a crime to “use a child or children for pornographic purposes”. If caught it's 5 years jail term with fine.

Image Source: iStock

Section 15 POCSO Act

Makes it illegal to store or possess child pornography. Jail term of three to five years.

Image Source: iStock

Section 67B of IT Act

Illegal to publish or transmit material depicting children in sexually explicit acts in electronic form.

Image Source: iStock

Indecent representation of women

This act prevents “indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner”.

Image Source: iStock

Is erotica different from porn?

Raj Kundra's lawyers in his defence have argued that that "only actual sexual intercourse depiction is considered 'porn'.

Image Source: iStock

So what is erotica?

Artwork that deals with stimulating or sexually arousing subject matter. This includes painting, sculpture, photography, drama film, music or literature.

Image Source: iStock

The arrest of businessman Raj Kundra on charges of pornography has once again stirred the debate on the legality consuming smut in the country. Here's what the law says